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Judges from the Commercial Court, the Technology and Construction Court, the Chancery Division and the Queen’s Bench Division have been investigating possible procedures which could be adopted to achieve shorter and earlier trials.

The review focused on business-related litigation, and involved investigating fast-track procedures. The committee has made the following recommendations for business cases in the Rolls Building courts:

• A piloted Shorter Trial procedure, leading to judgment within a year of issue of proceedings. The maximum length of trial would be four days.
• A piloted Flexible Trial procedure. This would involve limiting disclosure to the documents on which the party relies and any specific disclosure it requires from any other party, giving factual evidence by way of written statements and limiting oral evidence to key witnesses and/or issues, and giving expert evidence by way of written reports and limiting oral evidence to key issues.

The aim of both proposals is the achievement of speedy, fair justice at a reasonable and proportionate cost. Draft procedures for both proposals are in the form of pilot scheme practice directions underCPR 51.

The deadline for comments on the pilot schemes and draft instruments is 29 May 2015.

The Shorter and Earlier Trial Procedures Initiative: Consultation Document